Fast Food Workers Rights
Under the NYC Fair Workweek Law, fast food employers:
- Must give workers regular schedules that stay the same week-to-week
- Must give workers work schedules 14 days in advance of the start of the schedule
- Must pay premiums for schedule changes or “clopenings” (a work schedule with less than 11 hours between closing and opening)
- Must give workers a chance to say no to extra work or to clopenings
- Must give current workers the opportunity to work more regular hours before hiring new employees
- Cannot fire or reduce the hours of a worker by more than 15% without just cause or a legitimate business reason
- Must reinstate laid off employees by seniority when hours become available
Who is covered?
Part-time and full-time employees who work at fast food chain establishments in New York City perform at least one of the following tasks:
- Cleaning
- Cooking
- Customer Services
- Food and drink preparation
- Off-site delivery
- Routine maintenance duties
- Security
- Stocking supplies or equipment
Employees who are subcontracted by companies to provide services within a fast-food establishment are also covered by this law. For example, if a security company hires you to provide security services within a fast-food establishment, then you are covered by this law.
Just Cause:
Fast food workers are protected against being fired or having their hours reduced without a valid reason.
Employers must provide the reason for firing you or reducing your hours by more than 15% in writing, and the reason for discharge must be legitimate.
For more information on Fast Food Workers’ Rights, please see DCWP’s website: DCWP – Workers – Worker Rights – Fast Food Workers (nyc.gov)
What do I do if my fast-food employer is not following the Fair Workweek Law?
If your employer is failing to follow the Fair Workweek Law, you can file a complaint with DCWP by filling out this online form or calling 311.
Retail and Utility Safety Worker Rights
Under the Fair Workweek Law, retail and utility safety employers in NYC:
- Must give workers their work schedules 72 hours before the first shift on the schedule.
- Cannot schedule employees for on-call shifts.
- Cannot cancel a scheduled shift with less than 72 hours’ notice.
- Cannot require an employee to work with less than 72 hours’ notice, unless the employee agrees.
Who is covered?
All workers who work at a retail business stores and all utility safety workers who locate and mark underground facilities or inspect gas pipe fusions and joints are covered by this law. The law also covers employees hired by subcontractors and temporary help firms to work at retail business stores.
For more information about the provisions of the law, check DCWP’s website: DCWP – Workers – Worker Rights – Retail Workers (nyc.gov).
What do I do if my retail or utility safety employer fails to abide by the Fair Workweek law?
You can contact DCWP by filling out their online inquiry form or by calling 311.
Food Delivery Worker Rights
App-based food delivery workers must earn a minimum pay rate of $19.56 dollars per hour while they work making deliveries. This minimum wage does not include tips, and the rate is set to increase yearly by one dollar every April.
Who is covered?
The law protects app-based food delivery workers who are classified as independent contractors, but who are not the owners of or operate the restaurant offering delivery.
App-based delivery workers who deliver restaurant food, and additionally, deliver other kinds of goods or items are also covered by this law.
How does it work?
As established by the Department of Consumer and Worker Protection, there are three main type of requirements app-based food delivery companies must provide delivery workers.
Pay
Apps must pay you at least $19.56 per hour (in 2024, not including tips) for time you spend making deliveries. This minimum will increase on April 1 each year.
- Apps must follow additional rules that increase pay. Contact your app for information about your pay.
- Apps must pay you at least once a week and offer a no-fee option to receive payment.
- Apps must tell you how much the customer tipped for each delivery and your total pay and tips for the previous day. Exceptions apply. Contact DCWP.
Routes
- Apps must tell you route details before you accept a delivery. Details must include pickup address, estimated time and distance, tip, and pay.
- You can set an app to limit which bridges or tunnels you use and the distance between a restaurant and a customer. Apps can’t offer you trips beyond the limits you set.
Access
- Apps must give you a free insulated food delivery bag after 6 deliveries.
- You may have better access to restaurant bathrooms when you pick up orders. Exceptions apply. Contact DCWP.
What do I do if the food delivery app I work for is not following the law?
If you believe the food delivery app you are working for is not following the law, you can consult with DCWP by filling out this inquiry form DCWP | Portal (nyc.gov). If you would like to file a complaint, you can use this online form DCWP | Portal (nyc.gov) or call 311.
Check DCWP’s website for more details about the law: DCWP – Workers – Worker Rights – Delivery Workers (nyc.gov).
Freelance Workers’ Rights
Under the Freelance Isn’t Free Act, freelance workers have a right to be paid on time and in full for work that has been performed. The law requires that all contracts valued at $800 dollars or more be in writing, including an itemization of all of the services and the date that payment must be made. The law prohibits late payments and retaliation against the freelance worker. If the hiring party violates the law, the worker may be entitled to liquidated damages of up to double the amount that was originally owed on the contract.
Who is covered?
Freelance worker is any individual hired or retained as an independent contractor (also referred to as “gig worker”, “contract worker”, or “project-based workers”) to provide services in exchange for compensation.
What do I do if the hiring party does not comply with the law?
If you believe that the hiring party may be violating your rights, you can file a complaint with DCWP’s Office of Labor Policy and Standards by filling out this form: DCWP | Portal. DCWP will notify the hiring party, who must respond to the complaint within 20 days. For general inquiries, you may also send an email to: freelancer@dcwp.nyc.gov or call 311.
For more information on Freelance Workers’ Rights, visit DCWP’s website DCWP – Workers – Worker Rights – Freelance Workers (nyc.gov).
Grocery Worker Retention Act Rights
According to the Department of Consumer and Worker Protection, the Grocery Worker Retention Act requires new grocery store owners who are taking over an existing grocery store to retain grocery employees for a 90-day transitional period after a change in control of the grocery store.[1] This means that new owners cannot discharge eligible workers during the transitional period without just cause.
What do I do if my current or new employer fails to abide by the law and discharges me during the transitional period.
Eligible grocery store employees may file a complaint with DCWP within 180 days of the date the employee knew or should have known of the alleged violation. Affected workers can contact DCWP by filling out the online inquiry form or calling 311.
For more information about the protections for available to grocery workers visit DCWP’s website: DCWP – Grocery Worker Retention Act for Workers (nyc.gov).
[1] See DCWP – Grocery Worker Retention Act for Workers (nyc.gov).